The Veteran's claim for compensation under 38 U.S.C. § 1151 for additional disability as a result of VA surgical treatment of a right hip replacement conducted in March 2013 is granted, and the TDIU claim is remanded.
The deciding factor: The additional disability was caused by VA surgical treatment and resulted from an event not reasonably foreseeable.
- Claimed conditions
- Chronic pain, Weakness of abductor mechanism
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 23, 2019
- Citation
- 19131335
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remanded the Veteran's claim for TDIU for the period prior to August 20, 2021 for extraschedular consideration by the Director of Compensation Service. Although the Veteran did not meet schedular criteria under 38 C.F.R. § 4.16(a), evidence including a private vocational expert opinion indicated he may have been unemployable due to service-connected disabilities since at least January 1, 2014.
- Denied
The Veteran's blurred vision is not related to service, and his heart disorder, enlarged heart, was not shown in service. His sickle cell anemia does not have a current diagnosis. The Board finds no evidence of bladder or kidney disorders due to exposure to contaminated water at Camp Lejeune. Transient ischemic attacks are not presumed to be related to service. Headaches and heat exhaustion did not manifest during service, nor is there any evidence linking them to service.,The Veteran's heart disorder (enlarged heart) was not shown in service, and it may not be presumed to have resulted from his exposure to contaminated water at Camp Lejeune. His sickle cell anemia does not have a current diagnosis. The Board finds no evidence of bladder or kidney disorders due to exposure to contaminated water at Camp Lejeune.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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